Louis Bernard Gaskin, 56, is scheduled to be executed by lethal injection at 6 p.m.
In 1990, a jury recommended Gaskin be sentenced to death by a vote of 8 to 4. Now, Florida law requires juries reach a unanimous decision for death penalty sentences.
Gov. Ron DeSantis signed a death warrant for Gaskin last month.
Both the Florida Supreme Court and the U.S. Supreme Court have rejected appeals Gaskin filed since DeSantis signed his death warrant, with the latest denial coming Tuesday.
Lawyers for Gaskin wrote there is “an undisputable national consensus” that if a death sentence is to be constitutional, it should be unanimous. They also wrote the jury was never presented “with profound compelling mitigating evidence” and still four jurors recommended life.
Gaskin was convicted in 1990 of two counts of first-degree murder in the robbery-relkillings of Robert Sturmfel, 56, Georgette Sturmfel, 55, in Palm Coast, Florida.
Gaskin shot them from outside the house and then broke in and shot them again, with a .22-caliber rifle.
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